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NOLCO (NET OPERATING LOSS CARRYOVER)

DEFINITION:
According to Section 34-D.3 of the National Internal Revenue Code
(NIRC), net operating loss carry-over (NOLCO) shall mean the excess of
allowable deductions over business gross income in a taxable year.
RULINGS:
Accordingly, the net operating loss of the business or enterprise for
any taxable year immediately preceding the current taxable year, which had
not been previously offset as deduction from gross income shall be carried
over as a deduction from gross income for the next three (3) consecutive
taxable years immediately following the year of such loss: Provided,
however, That any net loss incurred in a taxable year during which the
taxpayer was exempt from income tax shall not be allowed as a deduction.
Provided, further, That a net operating loss carry-over shall be allowed only if
there has been no substantial change in the ownership of the business or
enterprise in that
Not less than seventy-five percent (75%) in nominal value of outstanding
issued shares., if the business is in the name of a corporation, is held by or
on behalf of the same persons; or Not less than percent (75%) of the paid up
capital of the corporation, if the business is in the name of a corporation, is
held by or on behalf of the same persons.
In special cases, for mines other than oil and gas wells, a net operating loss
without the benefit of incentives provided for under Executive Order No. 226,
as amended, otherwise known as the Omnibus Investments Code of 1987,
incurred in any of the first ten (10) years of operation may be carried
deduction from taxable income for the next five (5) years immediately
following the year of such loss. The entire amount of the loss shall be carried
over to the first of the five (5) taxable years following the loss, and any
portion of such loss which exceeds, the such first year shall be deducted in
like manner from the taxable income of the next remaining four (4) years.

We can see that NOLCO is a kind of deduction applicable to business income


but not to compensation income. The NOLCO of the business shall be carried
over as a special deduction from gross income for the next three (3)
consecutive taxable years immediately following the year of such loss.

REGULATION:
According to BIR Revenue Regulation No 14-2001, NOLCO is not part of the
itemized deductions. Furthermore, an individual who claims the 10% optional
standard deduction (OSD) shall not simultaneously claim deduction of the
NOLCO. The three-year reglementary period shall continue to run
notwithstanding the fact that the aforesaid taxpayer availed of the OSD
during the said period. Domestic and resident foreign corporations subject to
2% MCIT in any taxable year cannot enjoy the benefit of NOLCO. However,
the running of the three year period for the expiry of NOLCO is not
interrupted by the fact that such corporation is subject to MCIT in any
taxable year during such three-year period.
Section 2.7 of the said revenue regulation states that NOLCO shall be availed
of on a first-in, first-out basis. NOLCO shall be allowed as deduction in
computing the taxpayer's income taxes per quarter and annual final
adjustment income tax returns.
Revenue Regulation 14-2001 further states the following entities are not
entitled to claim deduction of NOLCO:
1. Offshore Banking Unit (OBU) of a foreign banking corporation, and Deposit
Unit (FCDU) of a domestic or foreign banking corporation, duly authorized as
such by the Bangko Sentral ng Pilipinas (BSP);
2. An enterprise registered with the Board of Investments (BOI) with respect
to its BOIregistered activity enjoying the Income Tax Holiday incentive. Its
accumulated net operating losses incurred or sustained during the period of
such Income Tax Holiday shall purposes of the NOLCO;
3. An enterprise registered with the Philippine Economic Zone Authority R.A.
No. 7916, as amended, with respect to its PEZA-registered business activity.
Its accumulated net operating losses incurred or sustained during the period
of its PEZA registration shall not qualify for purposes of the NOLCO.

4. An enterprise registered under R.A. No. 7227, otherwise known as the


Bases and Development Act of 1992, e.g., SBMA-registered enterprises, with
respect to its business activity. Its accumulated net operating losses incurred
or sustained during the period of its said registered operation shall not
qualify for purposes of the NOLCO;
5. Foreign corporations engaged in international shipping or air carriage
business in the Philippines; and,
6. In general, any person, natural or juridical, enjoying exemption from
income tax, pursuant to the provisions of the Code or any special law, with
respect to its operation during the period for which the aforesaid exemption
is applicable.
Its accumulated net operating losses incurred or sustained during the said
period shall not qualify for purposes of the following are taxpayers entitled to
deduct NOLCO from Gross Income:
1. Any individual (including estates and trusts) engaged in trade or business
or in the exercise of his profession.
2. Domestic and resident foreign corporations subject to the normal income
tax (e.g., manufacturers and traders).
3. Corporations subject to preferential tax rates under the Code (e.g., private
educational institutions, hospitals, and regional operating headquarters) on
their taxable income.

COMPUTATION:
Business Income, gross
Less : Business Deductions xxx
Income (loss)
xxx
Less: Applicable NOLCO
xxx
Business Income (Loss), NET
xxx
ADD: Salary as bookkeeper xxx
Taxable Income (Before Exemption)

xxx

xxx
xxx

NOLCO (NET OPERATING LOSS CARRY-OVER)


DEFINITION:
According to Section 34-D.3 of the National Internal Revenue Code (NIRC), net
operating loss carry-over (NOLCO) shall mean the excess of allowable deductions over
business gross income in a taxable year.
RULINGS:
Accordingly, the net operating loss of the business or enterprise for any taxable
year immediately preceding the current taxable year, which had not been previously
offset as deduction from gross income shall be carried over as a deduction from gross
income for the next three (3) consecutive taxable years immediately following the year of
such loss: Provided, however, That any net loss incurred in a taxable year during which
the taxpayer was exempt from income tax shall not be allowed as a deduction. Provided,
further, That a net operating loss carry-over shall be allowed only if there has been no
substantial change in the ownership of the business or enterprise in that
Not less than seventy-five percent (75%) in nominal value of outstanding issued shares.,
if the business is in the name of a corporation, is held by or on behalf of the same
persons; or Not less than percent (75%) of the paid up capital of the corporation, if the
business is in the name of a corporation, is held by or on behalf of the same persons.
In special cases, for mines other than oil and gas wells, a net operating loss without the
benefit of incentives provided for under Executive Order No. 226, as amended, otherwise
known as the Omnibus Investments Code of 1987, incurred in any of the first ten (10)
years of operation may be carried deduction from taxable income for the next five (5)
years immediately following the year of such loss. The entire amount of the loss shall be

carried over to the first of the five (5) taxable years following the loss, and any portion of
such loss which exceeds, the such first year shall be deducted in like manner from the
taxable income of the next remaining four (4) years.
We can see that NOLCO is a kind of deduction applicable to business income but not to
compensation income. The NOLCO of the business shall be carried over as a special
deduction from gross income for the next three (3) consecutive taxable years immediately
following the year of such loss.

REGULATION:
According to BIR Revenue Regulation No 14-2001, NOLCO is not part of the itemized
deductions. Furthermore, an individual who claims the 10% optional standard deduction
(OSD) shall not simultaneously claim deduction of the NOLCO. The three-year
reglementary period shall continue to run notwithstanding the fact that the aforesaid
taxpayer availed of the OSD during the said period. Domestic and resident foreign
corporations subject to 2% MCIT in any taxable year cannot enjoy the benefit of
NOLCO. However, the running of the three year period for the expiry of NOLCO is not
interrupted by the fact that such corporation is subject to MCIT in any taxable year during
such three-year period.
Section 2.7 of the said revenue regulation states that NOLCO shall be availed of on a
first-in, first-out basis. NOLCO shall be allowed as deduction in computing the
taxpayer's income taxes per quarter and annual final adjustment income tax returns.
Revenue Regulation 14-2001 further states the following entities are not entitled to claim
deduction of NOLCO:
1. Offshore Banking Unit (OBU) of a foreign banking corporation, and Deposit Unit
(FCDU) of a domestic or foreign banking corporation, duly authorized as such by the
Bangko Sentral ng Pilipinas (BSP);
2. An enterprise registered with the Board of Investments (BOI) with respect to its
BOIregistered activity enjoying the Income Tax Holiday incentive. Its accumulated net
operating losses incurred or sustained during the period of such Income Tax Holiday shall
purposes of the NOLCO;
3. An enterprise registered with the Philippine Economic Zone Authority R.A. No. 7916,
as amended, with respect to its PEZA-registered business activity. Its accumulated net

operating losses incurred or sustained during the period of its PEZA registration shall not
qualify for purposes of the NOLCO.
4. An enterprise registered under R.A. No. 7227, otherwise known as the Bases and
Development Act of 1992, e.g., SBMA-registered enterprises, with respect to its business
activity. Its accumulated net operating losses incurred or sustained during the period of its
said registered operation shall not qualify for purposes of the NOLCO;
5. Foreign corporations engaged in international shipping or air carriage business in the
Philippines; and,
6. In general, any person, natural or juridical, enjoying exemption from income tax,
pursuant to the provisions of the Code or any special law, with respect to its operation
during the period for which the aforesaid exemption is applicable.
Its accumulated net operating losses incurred or sustained during the said period shall not
qualify for purposes of the following are taxpayers entitled to deduct NOLCO from Gross
Income:
1. Any individual (including estates and trusts) engaged in trade or business or in the
exercise of his profession.
2. Domestic and resident foreign corporations subject to the normal income tax (e.g.,
manufacturers and traders).
3. Corporations subject to preferential tax rates under the Code (e.g., private educational
institutions, hospitals, and regional operating headquarters) on their taxable income.

COMPUTATION:
Business Income, gross
Less : Business Deductions xxx
Income (loss)
Less: Applicable NOLCO xxx
Business Income (Loss), NET
ADD: Salary as bookkeeper
xxx
Taxable Income (Before Exemption)

xxx
xxx
xxx
xxx
xxx

NOLCO (NET OPERATING LOSS CARRY-OVER)


DEFINITION:
According to Section 34-D.3 of the National Internal Revenue Code
(NIRC), net operating loss carry-over (NOLCO) shall mean the excess of
allowable deductions over business gross income in a taxable year.
RULINGS:
Accordingly, the net operating loss of the business or enterprise for
any taxable year immediately preceding the current taxable year, which had
not been previously offset as deduction from gross income shall be carried
over as a deduction from gross income for the next three (3) consecutive
taxable years immediately following the year of such loss: Provided,
however, That any net loss incurred in a taxable year during which the
taxpayer was exempt from income tax shall not be allowed as a deduction.
Provided, further, That a net operating loss carry-over shall be allowed only if
there has been no substantial change in the ownership of the business or
enterprise in that
Not less than seventy-five percent (75%) in nominal value of outstanding
issued shares., if the business is in the name of a corporation, is held by or
on behalf of the same persons; or Not less than percent (75%) of the paid up
capital of the corporation, if the business is in the name of a corporation, is
held by or on behalf of the same persons.
In special cases, for mines other than oil and gas wells, a net operating loss
without the benefit of incentives provided for under Executive Order No. 226,
as amended, otherwise known as the Omnibus Investments Code of 1987,

incurred in any of the first ten (10) years of operation may be carried
deduction from taxable income for the next five (5) years immediately
following the year of such loss. The entire amount of the loss shall be carried
over to the first of the five (5) taxable years following the loss, and any
portion of such loss which exceeds, the such first year shall be deducted in
like manner from the taxable income of the next remaining four (4) years.
We can see that NOLCO is a kind of deduction applicable to business income
but not to compensation income. The NOLCO of the business shall be carried
over as a special deduction from gross income for the next three (3)
consecutive taxable years immediately following the year of such loss.

REGULATION:
According to BIR Revenue Regulation No 14-2001, NOLCO is not part of the
itemized deductions. Furthermore, an individual who claims the 10% optional
standard deduction (OSD) shall not simultaneously claim deduction of the
NOLCO. The three-year reglementary period shall continue to run
notwithstanding the fact that the aforesaid taxpayer availed of the OSD
during the said period. Domestic and resident foreign corporations subject to
2% MCIT in any taxable year cannot enjoy the benefit of NOLCO. However,
the running of the three year period for the expiry of NOLCO is not
interrupted by the fact that such corporation is subject to MCIT in any
taxable year during such three-year period.
Section 2.7 of the said revenue regulation states that NOLCO shall be availed
of on a first-in, first-out basis. NOLCO shall be allowed as deduction in
computing the taxpayer's income taxes per quarter and annual final
adjustment income tax returns.
Revenue Regulation 14-2001 further states the following entities are not
entitled to claim deduction of NOLCO:
1. Offshore Banking Unit (OBU) of a foreign banking corporation, and Deposit
Unit (FCDU) of a domestic or foreign banking corporation, duly authorized as
such by the Bangko Sentral ng Pilipinas (BSP);
2. An enterprise registered with the Board of Investments (BOI) with respect
to its BOIregistered activity enjoying the Income Tax Holiday incentive. Its
accumulated net operating losses incurred or sustained during the period of
such Income Tax Holiday shall purposes of the NOLCO;

3. An enterprise registered with the Philippine Economic Zone Authority R.A.


No. 7916, as amended, with respect to its PEZA-registered business activity.
Its accumulated net operating losses incurred or sustained during the period
of its PEZA registration shall not qualify for purposes of the NOLCO.
4. An enterprise registered under R.A. No. 7227, otherwise known as the
Bases and Development Act of 1992, e.g., SBMA-registered enterprises, with
respect to its business activity. Its accumulated net operating losses incurred
or sustained during the period of its said registered operation shall not
qualify for purposes of the NOLCO;
5. Foreign corporations engaged in international shipping or air carriage
business in the Philippines; and,
6. In general, any person, natural or juridical, enjoying exemption from
income tax, pursuant to the provisions of the Code or any special law, with
respect to its operation during the period for which the aforesaid exemption
is applicable.
Its accumulated net operating losses incurred or sustained during the said
period shall not qualify for purposes of the following are taxpayers entitled to
deduct NOLCO from Gross Income:
1. Any individual (including estates and trusts) engaged in trade or business
or in the exercise of his profession.
2. Domestic and resident foreign corporations subject to the normal income
tax (e.g., manufacturers and traders).
3. Corporations subject to preferential tax rates under the Code (e.g., private
educational institutions, hospitals, and regional operating headquarters) on
their taxable income.

COMPUTATION:
Business Income, gross
Less : Business Deductions xxx
Income (loss)
xxx
Less: Applicable NOLCO
xxx
Business Income (Loss), NET
xxx
ADD: Salary as bookkeeper xxx
Taxable Income (Before Exemption)

xxx

xxx
xxx

NOLCO (NET OPERATING LOSS CARRY-OVER)


DEFINITION:
According to Section 34-D.3 of the National Internal Revenue Code (NIRC), net
operating loss carry-over (NOLCO) shall mean the excess of allowable deductions over
business gross income in a taxable year.
RULINGS:
Accordingly, the net operating loss of the business or enterprise for any taxable
year immediately preceding the current taxable year, which had not been previously offset
as deduction from gross income shall be carried over as a deduction from gross income for
the next three (3) consecutive taxable years immediately following the year of such loss:
Provided, however, That any net loss incurred in a taxable year during which the taxpayer
was exempt from income tax shall not be allowed as a deduction. Provided, further, That a
net operating loss carry-over shall be allowed only if there has been no substantial change
in the ownership of the business or enterprise in that

Not less than seventy-five percent (75%) in nominal value of outstanding issued shares., if
the business is in the name of a corporation, is held by or on behalf of the same persons;
or Not less than percent (75%) of the paid up capital of the corporation, if the business is
in the name of a corporation, is held by or on behalf of the same persons.
In special cases, for mines other than oil and gas wells, a net operating loss without the
benefit of incentives provided for under Executive Order No. 226, as amended, otherwise
known as the Omnibus Investments Code of 1987, incurred in any of the first ten (10)
years of operation may be carried deduction from taxable income for the next five (5)
years immediately following the year of such loss. The entire amount of the loss shall be
carried over to the first of the five (5) taxable years following the loss, and any portion of

such loss which exceeds, the such first year shall be deducted in like manner from the
taxable income of the next remaining four (4) years.
We can see that NOLCO is a kind of deduction applicable to business income but not to
compensation income. The NOLCO of the business shall be carried over as a special
deduction from gross income for the next three (3) consecutive taxable years immediately
following the year of such loss.
REGULATION:
According to BIR Revenue Regulation No 14-2001, NOLCO is not part of the itemized
deductions. Furthermore, an individual who claims the 10% optional standard deduction
(OSD) shall not simultaneously claim deduction of the NOLCO. The three-year
reglementary period shall continue to run notwithstanding the fact that the aforesaid
taxpayer availed of the OSD during the said period. Domestic and resident foreign
corporations subject to 2% MCIT in any taxable year cannot enjoy the benefit of NOLCO.
However, the running of the three year period for the expiry of NOLCO is not interrupted
by the fact that such corporation is subject to MCIT in any taxable year during such
three-year period.
Section 2.7 of the said revenue regulation states that NOLCO shall be availed of on a
first-in, first-out basis. NOLCO shall be allowed as deduction in computing the
taxpayer's income taxes per quarter and annual final adjustment income tax returns.
Revenue Regulation 14-2001 further states the following entities are not entitled to claim
deduction of NOLCO:
1. Offshore Banking Unit (OBU) of a foreign banking corporation, and Deposit Unit (FCDU)
of a domestic or foreign banking corporation, duly authorized as such by the Bangko
Sentral ng Pilipinas (BSP);
2. An enterprise registered with the Board of Investments (BOI) with respect to its
BOIregistered activity enjoying the Income Tax Holiday incentive. Its accumulated net
operating losses incurred or sustained during the period of such Income Tax Holiday shall
purposes of the NOLCO;
3. An enterprise registered with the Philippine Economic Zone Authority R.A. No. 7916, as
amended, with respect to its PEZA-registered business activity. Its accumulated net
operating losses incurred or sustained during the period of its PEZA registration shall not
qualify for purposes of the NOLCO.

4. An enterprise registered under R.A. No. 7227, otherwise known as the Bases and
Development Act of 1992, e.g., SBMA-registered enterprises, with respect to its business
activity. Its accumulated net operating losses incurred or sustained during the period of
its said registered operation shall not qualify for purposes of the NOLCO;
5. Foreign corporations engaged in international shipping or air carriage business in the
Philippines; and,
6. In general, any person, natural or juridical, enjoying exemption from income tax,
pursuant to the provisions of the Code or any special law, with respect to its operation
during the period for which the aforesaid exemption is applicable.
Its accumulated net operating losses incurred or sustained during the said period shall not
qualify for purposes of the following are taxpayers entitled to deduct NOLCO from Gross
Income:
1. Any individual (including estates and trusts) engaged in trade or business or in the
exercise of his profession.
2. Domestic and resident foreign corporations subject to the normal income tax (e.g.,
manufacturers and traders).
3. Corporations subject to preferential tax rates under the Code (e.g., private educational
institutions, hospitals, and regional operating headquarters) on their taxable income.

COMPUTATION:
Business Income, gross

xxx

Less : Business Deductions xxx


Income (loss)
Less: Applicable NOLCO

xxx
xxx

Business Income (Loss), NET

xxx

ADD: Salary as bookkeeper xxx

xxx

Taxable Income (Before Exemption)

xxx

ASSIGNMENT
IN
INCOME
TAXATION
SUBMITTED TO:
MS. BERNADETTE PARDINAS
SUBMITTED BY:
DONNA D. DAYAPERA
BSPA 3B

ASSIGNMENT
IN
INCOME
TAXATION
SUBMITTED TO:
MS. BERNADETTE PARDINAS
SUBMITTED BY:
RUBY MARIE P. LEONEN
BSPA- 3B

ASSIGNMENT
IN
INCOME
TAXATION
SUBMITTED TO:
MS. BERNADETTE PARDINAS
SUBMITTED BY:
ROLDEN C. GARCIA
BSPA 3B

ASSIGNMENT
IN

INCOME
TAXATION
SUBMITTED TO:
MS. BERNADETTE PARDINAS
SUBMITTED BY:
JOHN RYAN L. PONTIVEROS
BSPA- 3B